D.C. Circuit: Government Agency Emails In Private Account Not Shielded From FOIA

Mealey's (July 6, 2016, 2:48 PM EDT) -- WASHINGTON, D.C. — A District of Columbia Circuit U.S. Court of Appeals majority on July 5 found that a government “agency cannot shield its records from search or disclosure under” the Freedom of Information Act (FOIA) by “storing them in a private email account controlled by the agency head,” reversing a trial court’s dismissal of a group’s FOIA for certain emails of the director of the Office of Science and Technology Policy (OSTP) as inconsistent with the purpose of the act (Competitive Enterprise Institute v. Office of Science and Technology Policy, No. 15-5128, D.C. Cir.; 2016 U.S. App. LEXIS 12357)....